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9 <br />ARTICLE III <br /> <br />Tax Increment Financing Assistance <br /> <br /> <br />Section 3.1. Status of TIF District Property. The Developer has acquired the Development <br />Property. The Authority has no obligation to acquire the Development Property. <br /> <br /> Section 3.2. Environmental Conditions. <br /> <br />(a) The Developer acknowledges that the Authority makes no representations or <br />warranties as to the condition of the soils on the Development Property or the fitness of the <br />Development Property for construction of the Minimum Improvements and the Infrastructure <br />Improvements or any other purpose for which the Developer may make use of such property, and <br />that the assistance provided to the Developer under this Agreement neither implies any <br />responsibility by the Authority for any contamination of the Development Property nor imposes any <br />obligation on the Authority to participate in any cleanup of the Development Property. <br /> <br /> (b) Without limiting its obligations under Section 8.3 hereof, the Developer further <br />agrees that it will indemnify, defend, and hold harmless the Authority and its governing body <br />members, officers, and employees, from any claims or actions arising out of the presence, if any, of <br />hazardous wastes or pollutants existing on or in the Development Property, unless and to the extent <br />that such hazardous wastes or pollutants are present as a result of the actions or omissions of the <br />indemnitees. Nothing in this section will be construed to limit or affect any limitations on liability <br />of the Authority under State or federal law, including without limitation Minnesota Statutes, <br />Sections 466.04 and 604.02. <br /> <br /> Section 3.3. Minimum Improvements and Infrastructure Improvements. <br /> <br />(a) The Developer shall cause to be constructed the following on the TIF District <br />Property: <br /> <br />(i) the Senior Housing Units; <br /> <br />(ii) the Townhomes; and <br /> <br />(iii) the Clubhouse. <br /> <br /> (b) The Developer shall dedicate land to the City or the County, as applicable, as <br />described in EXHIBIT D. <br /> <br /> (c) The Developer shall construct the Infrastructure Improvements as described in <br />EXHIBIT C. <br />